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Ord 2416 - Utility Conversion COUNCIL BILL NO. 2655 ORDINANCE NO. 2416 AN ORDINANCE PROVIDING A PROCESS FOR THE FORCED CONVERSION OF ELECTRIC AND COMMUNICATION FACILITIES UNDER THE AUTHORITY DELEGATED BY THE STATE OF OREGON WHEREAS, under the provIsions of ORS Chapter 756, and the Oregon Administrative Rules (OARs) promulgated thereunder, the regulation of utilities operating in Oregon is a matter of statewide concern; and WHEREAS, OAR 860-022-0046 provides for the forced conversion of electric and communication facilities and gives local governments the power to require such conversions; and WHEREAS, the City of Woodburn wants to establish a process consistent with state law so that OAR 860-022-0046 can be implemented; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. Whenever in this Ordinance the words or phrases defined in this Ordinance are used, they shall have the respective meanings assigned to them in the following definitions: A. Oregon. ""Commission" means the Public utility Commission of the State of B. "Underground utility district" or "district" means that area in the City within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of this Ordinance. C. "Person" means and includes individuals, firms, corporations, and partnerships, and their agents and employees. D. "Poles, overhead wires, and associated overhead structures" mean poles, towers, supports, wires, conductors, guys, stubs, platforms, cross arms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located aboveground within a district and used or useful in supplying electric, communication, or similar or associated service. Page 1 - COUNCIL BILL NO. 2655 ORDINANCE NO. 2416 1:' ......j ,'........'" .,. E. "Utility" or "utilities" mean all energy utilities and large telecommunications utilities as defined by OAR 860-022-0001. Section 2. Public Hearina. The City Council may from time to time call public hearings to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires, and associated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The City Administrator shall notify all affected property owners, as shown on the last equalized assessment roll, and the involved utilities, by mail of the date, time, and place of such hearings at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. Section 3. Desianation of Underaround utility Districts by Resolution. If, after any such public hearing, the City Council finds that the public necessity, health, safety, or welfare requires such removal and such underground installation within a designated area, the City Council may, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the date by which such removal and underground installation shall be accomplished and within which affected property owners shall be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials, and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. The decision of the City Council as set forth in the resolution shall be final and conclusive. Section 4. Unlawful Acts. Whenever the City Council creates an underground utility district and orders the removal of poles, overhead wires, and associated overhead structures therein as provided in this Ordinance, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ, or operate poles, overhead wires, and associated overhead structures in the district after the date when such overhead facilities are required to be removed by such resolution, except as such overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in this Ordinance. Page 2 - COUNCIL BILL NO. 2655 ORDINANCE NO. 2416 1" -, '......"... T Section 5. Emeraency or Unusual Circumstances. Notwithstanding the provisions of this Ordinance, overhead facilities may be installed and maintained for a period, not to exceed 10 days, without authority of the City Administrator, in order to provide utilities in the event of an emergency or unusual circumstances. The City Administrator may, under such emergency or unusual circumstances, extend or grant special permission, on such terms as the City Administrator may deem appropriate, without discrimination as to any person or utility, to erect, construct, install. maintain, use, or operate poles, overhead wires, and associated overhead structures on a temporary or permanent basis. Any such decisions by the City Administrator shall be subject to appeal to the City Council by filing a written notice of appeal with the office of the City Administrator within 10 days after the City Administrator's decision is mailed. Section 6. Exceptions. The provisions of this Ordinance and any resolution adopted pursuant to the provisions of this Ordinance shall, unless otherwise provided in such resolution, not apply to the following types of facilities: A. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Administrator; B. lighting; Poles or fixtures and other appurtenances used exclusively for street C. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, where such wires originate in an area from which poles, overhead wires, and associated overhead structures are not prohibited; D. Poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 35,000 volts; E. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street; F. Antennae, associated equipment, and supporting structures used by a utility for furnishing communication services; Page 3 - COUNCIL BILL NO. 2655 ORDINANCE NO. 2416 .' _. ........ .,. G. Equipment appurtenant to underground facilities, such as pad mounted switches, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts; and H. Temporary poles, overhead wires, and associated overhead structures used or to be used in conjunction with construction projects. Section 7. Notices to Property Owners and Utilities. Within 10 days after the effective date of a resolution adopted pursuant to this Ordinance, the City Administrator shall notify all affected utilities and all persons owning real property within the district created by such resolution of the adoption thereof. The City Administrator shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission. Notification by the City Administrator shall be made by mailing a copy of the resolution adopted pursuant to this Ordinance to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. Section 8. Responsibility of Utility Companies. If utility poles, overhead wires, and associated overhead structures must be removed and replaced with underground facilities and equipment in order to continue utility service within a district created by any resolution adopted pursuant to this Ordinance, the supplying utility shall. at its cost, perform such conversion in accordance with its applicable rules, regulations, and tariffs on file with the Commission. Section 9. Responsibility of Property Owners. A. Every person owning, operating, leasing, occupying, or renting a building or structures within a district shall perform construction and provide that portion of the service connection on their property between the facilities referred to in this Ordinance and the termination facility on or within such building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission. B. In the event any person owning, operating, leasing, occupying, or renting such property does not comply with the provisions of this Ordinance within the time provided for in the resolution enacted pursuant to this Ordinance, the City Administrator shall post written notice on the property being served and thirty days thereafter shall have the authority to order the Page 4 - COUNCIL BILL NO. 2655 ORDINANCE NO. 2416 .. -. '......... T "1" disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property. A decision by the City Administrator to order the disconnection and removal of overhead service shall be subject to appeal to the City Council by filing a written notice of appeal with the office of the City Administrator within ten days of the posting of such written notice. Section 10. Responsibility of City. The City shall remove, at its own expense, all City-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to this Ordinance. Section 11. Penalties. A. Abatement. Any use or structure established, operated, erected, moved, altered, enlarged, painted, or maintained contrary to this Ordinance is unlawful and a public nuisance, and may be abated. B. Civil Proceeding Initiated by City Attorney. The City Attorney, after obtaining authorization from the City Council, may initiate a civil proceeding on behalf of the City to enforce the provisions of this Ordinance. This civil proceeding may include, but is not limited to, injunction, mandamus, abatement, or other appropriate proceedings. C. Civil Infraction. In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of this Ordinance constitutes a Class 1 Civil Infraction which shall be processed according to the procedures contained in the Woodburn Civil Infraction ordinance. D. Separate Infractions. Each violation of this Ordinance constitutes a separate Civil Infraction, and each day that a violation of this Ordinance is committed or permitted to continue shall constitute a separate Civil Infraction. E. Remedies - Cumulative. The remedies provided for in this Section are cumulative and not mutually exclusive. Section 12. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases be declared invalid. Page 5 - COUNCIL BILL NO. 2655 ORDINANCE NO. 2416 " _. ............. .,... 1"1 I Approved as to form: City Attorney athryn igler Mayo \ March ~, 20r/7 March 14:--Z-007 March 14, 2007 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder March 14, 2007 ATTEST: Mary T nant City Recorder City of Woodburn, Oregon Page 6 - COUNCIL BILL NO. 2655 ORDINANCE NO. 2416 l' _, ,..." vI., ,"""